Latest Case: Colorado v. Peluso (Constitutional Law)

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Colorado v. Peluso

Citation: 2021 CO 16

Opinion Date: March 8, 2021

Judge: Hart

Areas of Law: Constitutional Law, Criminal Law

In 2019, several parole officers approached a home that they believed was the residence of Susan Damico. Damico was a parolee whose parole agreement allowed officers to search “her person, residence, and/or vehicle” without a warrant as a condition of parole. When the officers arrived at the home, they found Damico in the front yard getting into her car. The officers identified themselves, informed Damico that they were conducting a parole visit, obtained a house key from her, and asked whether there was anyone inside the home. Damico told the officers that defendant-appellant Aaron Peluso was inside in bed. While the other officers entered the home, Damico's parole officer, Brook Hathaway, remained outside with Damico for several minutes. The officers who first entered the home found Peluso in bed and informed him of the purpose of their visit. After Peluso got dressed and out of bed, officers searched the room and found methamphetamine, THC, glass pipes, rolling papers, and a digital scale. Officers arrested Peluso and then searched his wallet, which contained additional methamphetamine. During the drive to jail, Peluso told officers that he had been using methamphetamine. Peluso was subsequently charged with possession of a controlled substance and possession of drug paraphernalia. He moved to suppress both the evidence recovered from his home and the statements he made after his arrest, arguing that the warrantless search of his home violated his Fourth Amendment rights. At the hearing, the trial court granted the motion to suppress, concluding that Damico did not actually live at Peluso's home at the time of the search, and Hathaway could have done more to verify Damico's address. The court further found that there was insufficient evidence to determine whether Peluso might have objected to the search once the officers entered his home. The State moved for reconsideration, arguing that the court incorrectly analyzed Damico’s actual, not apparent, authority to consent to the search. The Colorado Supreme Court concluded the trial court erred in suppressing the evidence and reversed the order. "Because parole officers reasonably believed Damico had authority to consent to a search of Peluso’s residence, her apparent authority was sufficient to validate the warrantless search, and Peluso’s motion to suppress should have been denied."